Resources

  • The Scope of Human Rights in the Modern Workplace

    December 2017

    by Sandra Guarascio

    At a time when the #metoo movement continues to galvanize, the Supreme Court of Canada has issued a landmark decision in British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62 that expands protection from discrimination in the workplace so that it now can potentially include within its scope harassment perpetrated by co-workers, even if they have different employers.

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  • Human Rights Tribunal Confirms Employers Continue to Drive the Bus

    December 2017

    by Mike Hamata

    In Adair v. Forensic Psychiatric Services Commission (No. 2), 2017 BCHRT 147, the B.C. Human Rights Tribunal revisited what accommodation looks like in the employment context.  The key reminder for employers and counsel is that the proposed accommodation need not be perfect – when there is more than one reasonable option for accommodation, “the employer is entitled to choose among them”.

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  • Which Absences Properly “Count” for Attendance Management

    December 2017

    by Delayne Sartison K.C.

    The Federal Court of Appeal recently overturned a decision of the Public Service Labour Relations and Employment Board (the “Board”) concerning the National Attendance Management Policy (NAMP) promulgated by Correctional Service Canada (CSC) for its unionized employees: Bodnar v. Treasury Board (Correctional Service of Canada), 2017 FCA 171.

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  • The Zellstoff Trilogy- Privacy v. Technology

    December 2017

    by Gavin Marshall

    In the age of technology and data collection, there is, or can be, a digital footprint and record of virtually all employee activity.

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  • Executive’s Self-Dealing Can Lead to Rescission of Employment Agreement

    November 2017

    by Maggie Campbell

    The focus of this article is a case arising out of Ontario: UPM-Kymmene Corp. v. UPM-Kymmene Miramichi Inc., [2002] O.J. No. 2412 (S.C.J.), affirmed [2004] O.J. No. 636 (C.A.).

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  • Boilerplate Non-Competition Clauses Are No Protection At All

    November 2017

    by Drew Demerse

    The B.C. Court of Appeal recently clarified the analytical framework regarding the enforceability of non-competition clauses in the employment context. In IRIS The Visual Group Western Canada Inc. v. Park, 2017 BCCA 301, the Court questioned the use of boilerplate language and reminded employers that restrictive covenants must be drafted with care.

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  • Be Wary of Ambiguity: A “Bonus” Lesson for Employers

    November 2017

    by Ryan Copeland

    The recent BC Supreme Court case of Kenny v. Weatherhaven Global Resources Ltd., [2017] B.C.J. No. 1510 (S.C.) illustrates the perils of poorly drafted employment agreements.

     

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  • When Human Rights Collide . . . Take Reasonable and Practical Steps to Minimize the Harm

    October 2017

    From time to time, employers will find themselves faced with circumstances where taking steps to avoid discriminating against a customer or client under the Human Rights Code will have the unintended result of the employer discriminating against its employees.  That is the situation Victoria Taxi faced in the  B.C. Court of Appeal’s recent decision, McCreath v. Victoria Taxi (1987) Ltd.

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  • A Crack in the Dam? Merrifield v. Attorney General (Ont.) and the Undead Tort of Harassment

    October 2017

    by Gavin Marshall

    For many years, workplace law has generally proceeded on the assumption that remedies for harassing behaviour and civil “harassment” were, except in rare cases, outside the purview of the courts. Harassment, as a civil wrong, had developed within the administrative structure of human rights tribunals and grievance processes under collective agreements but there was no generally recognized common law “tort” of harassment.

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  • BC Court of Appeal Restores Human Rights Tribunal Decision to Dismiss Complaint

    October 2017

    In Francescutti v. Vancouver (City), 2017 BCCA 242, the British Columbia Court of Appeal restored a human rights tribunal decision to dismiss a complaint brought by a former City of Vancouver employee.  The decision provides useful support for the ability of a respondent to succeed on an application to dismiss a complaint, despite the presence of some conflicting facts raising issues of credibility.

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